Update Ed. 1/2017

No trademark protection for 3D trademarks with exclusively technical features

Insurances in connection with Intellectual Property right

„Hard Brexit“ - Progress of the unitary patent

Despite Britain’s announcement to exit the European Union, the United Kingdom surprisingly announced on November 28, 2016 that they intend to ratify the agreement on the Unified Patent Court. Should the UK implement this intention, only Germany would have to follow. More ...

Update Ed. 2/2016

District Court Düsseldorf confirms an „offering” by the mere exhibition of a patentinfringing product at a domestic trade fair

EGC: The European Union Trademark NEUSCHWANSTEIN remains registered for the Free State of Bavaria

The German Association „Souvenir-Geschenke-Ehrenpreise“ (Souvenirs-Presents-Prizes) filed an invalidity action with the European Union Intellectual Property Office (EUIPO) against the European European Union Trademark NEUSCHWANSTEIN (no. 10144392) of the Free State of Bavaria. The trademark was filed and registered for perfumery, cutlery, jewellery, musical instruments, writing and letter paper, toys and other goods which can be subsumed under souvenirs in the year 2011. More ...

BREXIT
Consequences for European Union Trademarks, community designs and unitary patent

As in the referendum regarding Britain’s EU membership on June 23, 2016, a slight majority of Great Britain’s population voted for Britain to exit the EU, the question now arises which effect the forthcoming exit of Britain will have on the territorial scope of protection of the European Union trademark, the community design and the unitary patent. More ...

Clarity – a patent requirement nonexistent in German Patent Law

One of the requirements for a patent application according to § 34 (4) of the German Patent Act is that: “In the application, the invention must be disclosed as clearly and completely that it can be carried out by an expert.” This sentence contains the requirement of practicability for a skilled person. In the European Patent Convention Art. 83 EPC contains a corresponding requirement. Art. 84 EPC defines the requirement of clarity. However, there is no equivalent for Art. 84 EPC in German Patent Law. More ...